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(영문) 대구지방법원 2019.07.23 2019노1759
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. There are no other extenuating circumstances, such as the Defendant’s recognition of the instant crime and reflection thereof, and the fact that the health condition is not good, such as hospitalization at a hospital to receive treatment for alcohol respect.

However, even though there is no particular income, the crime of this case is not good, such as drinking alcohol at a high price, and using violence.

The Defendant, including the crime of larceny, violence, and violation of special law, has been punished several times, including the crime of larceny, violence, and violation of special law, which is committed in the same manner as the instant case.

In particular, it does not seem that the crime of this case was committed on about one month after the two years of imprisonment with prison labor for the same crime was committed.

Non-performance of damage was not made.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the pleadings, it is not determined that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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